‘She would be entitled for continuity in service’, SC on District Judge who resigned Alleging Sexual Harassment

Shivani Gadhavi

Published On: February 10, 2022 at 16:22 IST

The Supreme Court has ordered that the District Judge who had to resign from her service Alleging Sexual harassment by a High Court Judge, should be reinstated as an Additional District and Sessions Judge.

The Supreme Court Division Bench of Justices L Nageswara Rao and B R Gavai was hearing a Petition filed by a former District Judge in Madhya Pradesh, who alleged that she was coerced to resign from her service because of the sexual harassment she faced by High Court Judge, S K Gangele.

The Petitioner had earlier approached the Supreme Court regarding the matter, stating that due to the allegation she was coerced to transfer from Gwalior to Sidhi, which according to her was an unfair move on part of the Madhya Pradesh High Court.

The Supreme Court in this regard had constituted an In-House Committee comprising of the then Chief Justice of Allahabad High Court. The Committee submitted a Preliminary Report in this regard, which cleared the accused Judge of all the charges. However, the Committee pointed out that the transfer of the Petitioner was ‘irregular’.

In this regard, the Petitioner filed a Writ Petition under Article 32 of the Constitution of India, challenging the Order wherein her Petition for reinstatement in service was rejected.

At present, the Supreme Court Bench has, in light of all the observations set aside the impugned order of the Madhya Pradesh High Court and stating that,“We hold and declare that the Petitioner’s resignation from the post of Additional District and Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary.”

The Division Bench passed an order that, “The respondents are directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge.”

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